2007/02/07 Council Agenda Packet

all such claims, actions or other legal proceedings whether judicial, quasi-judicial, administrative or otherwise, against or affecting Lessor arising out of or pertaining to the performance of non- performance of any duty by Lessee under the terms and provisions of the within Lease. This paragraph does not purport to indemnify the Lessor against liability for damages arising out of bodily injury to persons or damages caused by or resulting from the sole negligence of the Lessor, its officers, employees and agents; provided, that if the claims or damages are caused by or result from the concurrent negligence of (a) the Lessor, its officers, employees or agents, and (b) Lessee, employees, officers, subcontractors, sublicensees, sublessees, successors or assigns, this indemnity provision shall be valid and enforceable to the extent permitted by law. Notwithstanding the foregoing, Lessee shall not indemnify the Lessor to the extent of his negligence or that caused by its officers, employees and agents in the event of concurrent negligence. 6. LIABILITY INSURANCE. The Lessor acknowledges that the United States Senate, as a self-insured entity of the United States Government, is subject to the Federal Tort Claims Act, Chapter 171 of Title 28, United States Code, under which recovery may be sought through the Senate Sergeant at Arms for any injury or loss arising under this lease due to the negligent or wrongful act or omission of Lessee or any of Lessee's employees acting within an official scope and capacity. 7. SUBLETTING AND ASSIGNMENT. Lessee shall not sublet the whole or any part of said Premises, nor assign this Lease, or any part thereof. 8. CASUALTY REBUILDING CONDEMNATION. In the event the building of which the Premises are a part shall be destroyed or damaged by fire or other causes (and regardless of the extent of the damage to the Premises) to such an extent that the Lessor shall decide to discontinue the operation of the building as an office building, which decision shall be communicated to Lessee within thirty (30) days after such damage or destruction, then this lease shall be terminated as of the date of such damage or destruction. In the event of damage to the Premises by fire or other causes, other.than under the circumstances described_in the_preceding sentence, Lessor- shall repair the Premises within a reasonable time and as quickly as circumstanceswill permit upon the sameplan as immediately before the damage-or-destruction. Until the Premises are repaired and put in a good and tenantable order, the rents herein provided for,.or -a fair and j ist _proportion thereof according to the nature and extent of the damage sustained, shall be abated until the Premises shall have been restored to the same condition as they were before such damage or destruction. In the event that the Premises are not usable as contemplated-in-this Lease for over sixty (60) days due to the damage, Lessee shall have the right to terminate the Lease. If the property or any part thereof whérëin the__Premises_are located-shallbe_taken_by public or quasi-public authority under any power of eminent domain or condemnation, this lease, at the.option-of the LeoihalLfiirthwith-terminate and Lessee shall have no claim or interest in or to any award of damages for such taking. 9. WAIVER OF SUBROGATION. Lessor and Lessee each mutually release the other• from every right, claim and demand which-may hereafter arise in favorofeither arising out of or in connection with any loss occasioned by fire and such other_perils_as..are. included _iii_the provisions of the normal extended- coverage clauses of fire insurance policies, and do hereby waive all rights of.subrogation in favor of insurancecarriers arising_out-of-any-such losses and sustained by either the Lessor or the Lessee in or to the Premises or any property therein. I ' 3